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Conditional merger approvals in Polish legislation and decision-making practice. CARS Open PhD Seminar Report

  • Poland
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A meeting of the CARS Open PhD Seminar took place on 16 November 2010.
It was dedicated to the basic problems arising in relation to conditional merger decisions in Poland. The opening speech delivered by Professor Tadeusz Skoczny was based on his research study concerning the quantitative and qualitative analysis of the decision-making practice of the Polish Competition Authority with respect to conditional merger decisions.

Professor Skoczny presented first the research assumptions underlying his study, the legal justification and basic principles governing conditional merger decisions and the types and nature of merger conditions. In addition, he offered his thoughts on the formulation and imposition of conditions and the sanctions following their violation.

Professor Skoczny closed his presentation by outlining his research conclusions and drawing attention to the following issues:

  1. the small number of conditional merger decisions in Poland attributable mainly to the limited number of controversial mergers notified,
  2. the poor quality of Polish legislation on conditional merger decisions which is not compatible with EU law, lacks clarity as to the type and nature of conditions and employs an imperfect procedure for the formulation and imposition of conditions, and
  3. the fact that the practice of issuing conditional merger decisions is improving from the point of view of efficiency (prevention against anticompetitive concentrations).

The speech is available on the CARS website. After the introductory presentation, the participants of the CARS Open PhD Seminar took part in a discussion.

Click here to view the full publication.

Source: Pola Karolczyk, Yearbook of Antitrust and Regulatory Studies, February 2012